This is a fantastic decision that proceeded to trial in early 2019 and was scheduled over 4 weeks. It is a decision from the Court of Queen’s Bench of Alberta and was recently published as Warner v. Calgary Regional Health Authority (Rockyview General Hospital), 2020 ABQB 172 (CanLII). It is educational and will cover the […]Read more "1.5 million awarded for Complex Regional Pain Syndrome “CRPS”"
The topic we will discuss in this case is headaches. The Plaintiff suffered from persistent and debilitating headaches. Headaches are a common symptom that may result post motor vehicle collision. There are different types of headaches however and various types of treatment that may or may not assist with headaches. This case is educational and […]Read more "Headaches – Whiplash v. Tension-Type"
Today’s blog post is a “Year in Review.” We have written 40 articles on triable legal issues in 2019. Each of these articles are enumerated below with their links for ease of access to the subject article. You will notice in each article, if you scroll to the bottom of the page, you will see […]Read more "OVER 40 LEGAL ARTICLES RELATING TO PERSONAL INJURY LAW"
This is a recent decision referenced as Winick v Goddard, 2020 BCSC 4 (CanLII) that involved a Plaintiff who was unfortunately involved in three motor vehicle collisions in 2013, 2015 and 2016. As a result of these collisions, the client suffered chronic pain to her neck and back with resulting headaches and a diagnosis of […]Read more "Loss of future earning capacity"
In this article, we will look at a case that deals with a Defendant’s application to seek a video deposition of their expert under oath before a court reporter prior to the trial of this case and that the said record of the stated deposition be tendered as evidence at the trial. The case is […]Read more "Video Deposition"
In reading these recent trial decisions, there are arguments that jump out at me that I need to write about. Today’s article is on the topic of “mitigation”. A Plaintiff, who was injured as a result of a motor vehicle collision was attending an “ICBC funded program” with a known national treatment provider. The Plaintiff […]Read more "Failure to mitigate – lack of funds and exhaustion"
We are going to review the test in determining an award for cost of future care by highlighting several quotes from cases that are often referenced at trial. In addition, we will review the cost of future care considerations in a recent trial decision referenced as Dornan v. Stephens, 2019 BCSC 701 (CanLII). The test […]Read more "Cost of future care – review"
This is a case referenced as Singh v Chand, 2019 BCSC 932 (CanLII) that will allow us to review some of the defence arguments put forward in a claim for loss of future earning capacity and pay attention to the details of this case. The Plaintiff in this case, a lawyer, was seeking $4,000,000 in […]Read more "Loss of future earning capacity – Arguments for and against"
We will review the principles relating to the production of pre-mva medical records in a recent decision Fallahpour-Sichani v Harapnuik, 2019 BCSC 2046 (CanLII) and explore the factors that must be considered when such a request is being made by the defence. This will offer a great review and will allow us the opportunity to […]Read more "Production of pre-mva records – what you need to know"
We are going to review a recent decision Flomo v. Hanna, 2019 BCSC 2024. At the time of the collision, the Plaintiff was 29 years old when her vehicle was rearended by the Defendant. Liability was admitted for this collision but quantum was in issue. The Plaintiff’s history was raised in this case. It was […]Read more "Diagnosis: Somatic Symptom Disorder"